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1990-032 5/2/90 ORDINANCE 90- 32 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT (Berth Real Estate Office, 3419 N. Betty Drive) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the .Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notice of the public hearing on said Annexation Agreement and Zoning has been given and a public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A, is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES:__ 4 - Marienthal, Reid, Mathias, O'Malley NAYES: 0 - None ABSENT: 1 - Shif rin PASSED: May 7 1990 APPROVED: May 7 1990 APPROVED• VERNA L. CLAYTON, Village Pre s ' ent ATTEST: Vil e Clerk 5/7/90 BERTH REAL ESTATE OFFICE (3419 N. Betty Drive) ANNEXATION AGREEMENT Table of Contents 1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . .2 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5. Compliance with A plicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . .3 6. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 7 Building, Permit Fees.,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 8. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 9. Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 10. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 11. Security for Public and Private Site Im rovements. . . . . . . . . . . . .6 12. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 13. Buildin , Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . .7 14. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 15. Enforceability of the A reement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..8 16. Term of Agreement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 17. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 18. Corporate Capacities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 19. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 20. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 21. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 BERTH, 3419 N. Betty Drive Annexation Agreement Location Map D AhF RD. TERR �•• c P CT. - Ile sc (R9*) R 4 r: > J CT. JOYCE i! RD. •�KILMER F CT. SCHOOL ^• I. + .: PARK 51 R X > y (B 3) NENAUI RD. B 3 R Cr. CT 8 I s 9 -- -- DU DEE RD. -- ''.r:{ s a :::Y}: R I B l a B e { I o PO CA 3 PARK - ::•i:•:•:••:•:�:•:•:• �I DUN-LO AVE. e :: :•::.: PARR K W .. > O C } O > Z DARRYI DR ~ J J ~ J < M :•t.• •:titi •:}:5t:•:•:•:{:•::•:::: :•::•:•:•:•:•:•::•:•::•:titif:'t:•:•:•ti:••':• UNIVERSITY 1 ERSITY :•i:XX O J :y} DOWNING 7 r Subject Property 5/7/90 BERTH REAL ESTATE OFFICE (3419 N. Betty Drive) ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 7th day of May, 1990, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") and Ruth Mitchell (hereinafter referred to as 'Owner") , and Wallace and Bernice Berth (hereinafter referred to as "Developer") . W I T N E S S E T H: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as the "Property") comprising 0.4550 acres legally described and identified in EXHIBIT A, which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts a total area of 0.4550 acres to be annexed; and, WHEREAS, Owner desires to annex and use the Property pursuant to the -pro- visions and regulations applicable to the B-3 (Planned Business Center) District of the Village Zoning Ordinance, to develop the Property in accordance with the Preliminary Plan including engineering dated March 30, 1990 (revised) by PAF and Associates, a copy of which- is attached hereto as EXHIBIT C, and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of the Property is a real estate office with a floor area of approximately 2,413 square feet in the redeveloped residential building on the Property; and, 1 WHEREAS, pursuant to the provisions of Section 11-15.1-1 seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1987) and as the same may have been modified by the Village's Home Rule Powers, a proposed Annexation Agreement, was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made their recommendations with respect to the requested zoning classification of B-3 District and with respect to requested variations of the Zoning Ordinance and Development Ordinance; and, WHEREAS, the President and Board of Trustees after due and careful consid- eration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1987) and as the same may have been modified by the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. Agreement: Compliance and Validity., The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1987) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement and the 2 compliance with the terms and provisions contained herein, to annex the Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the Property is validly annexed to the Village and is validly zoned and classified in the B-3 District, all as contemplated in this Agreement. 3. Enactment of Annexation Ordinance. The Corporate Authorities within twenty-one (21) days of the execution of this Agreement by the Village will enact a valid and binding ordinance (hereinafter referred to as the "Annexation Ordi- nance") annexing the Property to the Village. Said Annexation Ordinance shall be recorded with the Cook County Recorder's Office along with the Plat of Annexation 8 (attached hereto as EXHIBIT B) . Recordation shall take place no more than thirty (30) days after enactment of�Annexation Ordinance. 4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid and binding ordinance, zoning Property in the B-3 District subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the development of the Property in accordance with the Preliminary Plan attached hereto as EXHIBIT C. 5. Compliance with Applicable Ordinances. The Developer agrees to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discrimina- torily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Developer, in the 3 development of the Property shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended' from time to time. 6. Amendment of Plan. If the Developer desires to make changes in the Preliminary Plan, as herein approved, the parties agree that such changes in the Preliminary Plan will require, if the Village so determines, the submission of amended plans, together with proper supporting documentation, to the Corporate Authorities to consider such changes to this Agreement. The Corporate Author- ities may, at their sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement, including, but not limited to fees, prior to final consideration of any change in the Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such changes involves a reduction of the area set aside for common open space. 7. Building Permit Fees. The building permit fees may be increased from, time to time so long as said permit fees are applied consistently to all other developments in the Village. to the extent possible. In the event a conflict arises between the Owner and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Developer shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner or property within the Village. 8. Water Provision. The Developer shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on EXHIBIT C are hereby approved by the Village. It is understood, -however, that changes to the Preliminary Engineering Plan may be required at the time of final engineering. The Developer further agrees 4 to pay to the Village such fees in accordance with the applicable Village Ordi- nances at the time of the issuance of the water and sewer permits. The Developer agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Developer and, except for service connections to the buildings shall, upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the Village water system maintained by the Village. ` 9. Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Developer and to use their best efforts to aid Developer in obtaining such permits from govern- mental agencies having jurisdiction as may be necessary to authorize connection from the Property to the Metropolitan Water Reclamation District for the col- lection of sewage and to the Cook County Highway Department as may be appropri- ate. The Developer shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT C. It is understood, however, that changes to the Preliminary Engineering Plan may be required at time of final engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems except for sanitary sewer service connections. The Developer agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. 5 B. The Developer shall also construct on the Property in question any storm sewers which may be necessary to service the Property, as per EXHIBIT C. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of final engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties, and the Devel- oper agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect as required by the Village. 10. Drainage Provisions. The Developer shall fully comply with any request of the Village Engineer to preserve drainage standards. The Developer shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 11. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with any Develop- ment Ordinance, and any Development Improvement Agreement (EXHIBIT D) as amended from time to time.- Any letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit, either by its own terms or, by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all im- provements secured by the letter of credit. 6 12. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Developer or the witnesses during the hearing held before the Plan Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Agreement, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation, dated February 6, 1990 EXHIBIT C Preliminary Plan, including Preliminary Engineering, dated March- 30, 1990 (revised) by PAY and Associates EXHIBIT D Development Improvement Agreement 13. Building, Landscaping and Aesthetics Plans. Developer will submit building and landscaping plans for approval by the Appearance Commission and the Corporate Authorities prior to the issuance of any building permits. Lighting and signage shall be compatible with adjacent areas. All signs on the Property are subject to approval by the Appearance Commission. 14. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property in the best interests of all the parties requires their continued cooperation. The Developer does hereby evidence his intention to fully comply with all Village requirements, his will— ingness to discuss any matters of mutual interest that may arise, and his will— ingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 7 15. Enforceability of the Agreement.. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. 16. Term of Agreement. This Agreement will be binding on all parties for a term of twenty (20) years from the date of the execution of this Agreement by the Village. This Agreement shall not be assigned without prior written consent of the Village. 17. BindingEffect of Agreement. _ g This Agreement shall be binding upon the Ef Property, the parties hereto, and their respective successors and assigns. 18. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities. 19. Notices. Any notice required pursuant. to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: Ruth Mitchell 805 A Butternut Lane Mt. Prospect, IL 60056 If to Developer: Wallace and Bernice Berth 301 W. Dundee Road Buffalo Grove, IL 60089 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 8 Copy to: William G. Raysa, Esq. Bloche' , French & Raysa 1140 Lake Street Suite 400 Oak Park, IL 60301 20. Default. In the event Owner or Developer defaults, in his performance of his obligations set forth in this Agreement, then the Village, may, upon notice to Developer allow Developer sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Developer fails to cure such default or provide such evidence as provided above, then, with notice to Developer, the Village may begin proceedings to disconnect from the Village any portion of the Property upon which development has not been completed or at the option of the Village, to rezone such Property to the R-E District zoning classification. In such event, this Agreement shall be considered to be the petition of the Owner " and Developer to disconnect such portion of the Property, or at the option of the Village to rezone such Property to the R-E District zoning classification. 21. Special Conditions. A. The following variation to the Village's Zoning Ordinance is hereby granted: Section 17.36.030.F.4. - to allow a two-way driveway width of, 19 feet instead of 24 feet for the north driveway as depicted on the Prelimi- nary Plan (EXHIBIT C) . B. The following variations to the Village's Development Ordinance are hereby granted: i. Section 16.50.040.C.3. - to allow a side slope of 3: 1 instead of 6:1 for the stormwater detention basin as depicted on EXHIBIT C; ii. Section 16.50.040.D. - to allow a vertical clearance of 12 inches instead of 30 inches, and a horizontal clearance of 12 feet instead of 25 feet in the stormwater detention basin as depicted on EXHIBIT C. 9 C. The following uses shall be allowed on the Property as permitted uses: Art gallery and studio Barber shop Beauty shop Coin and philatelic store Custom dressmaking and millinery shop Employment agency Interior decorating shop (not including upholstering and the making of draperies, slipcovers, and similar articles) Loan offices Medical and dental clinics and laboratories Music conservatory and music instruction Optician shop Picture framing when conducted for retail trade on the premises only Tailor shop Offices, business and professional Travel bureau and transportation offices Any other use of the Property shall be approved by the Village. D. The walnut tree depicted on EXHIBIT C on the north side of the southern driveway shall be preserved; Developer shall use his best efforts to prolong the life of said tree by having a qualified tree expert treat any disease or structural defect in said tree. In the event that best efforts fail to preserve the tree, Develop- er shall plant a replacement tree with a minimum diameter of three inches (calipered at 6" above ground level) ; the species of said replacement tree shall be approved by the Village. If it is necessary to plant a replacement tree, the driveway adjacent to the tree shall be modified to reduce the curved area designed to .protect the walnut tree. E. Developer shall construct a sidewalk connecting the south parking lot depicted on EXHIBIT C to the office building. 10 F. The private water well and septic tank system on the Property shall be properly abandoned as recommended and approved by the Village. Said work shall be done in a timely manner as part of the site improvements for the proposed real estate office. G. Except for the variations granted in this Agreement, Developer shall comply with all applicable Village regulations. H. Signs on the Property are subject to review and approval by the Village Appearance Commission in accordance with the Village's Sign Code. IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duly au- thorized to execute the same on the day and the year first above written. VILLAGE F BUFFALO GROVE VER L. CLAYTON, Village Pres' nt ATTEST: Villa Clerk OWNER RUTH MITCHELL DEVELOPER WALLACE BERTH \ BERNICE BERTH 11 EXHIBIT A Annexation A rreement (Berth Real Estate Office, 3419 N. Bett- Drive Lot 3 in Dun Lo Highlands being a subdivision of the West 112 of the N.W. 114 (except the South 25 acres thereof) in Section 9, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, according to plat thereof recorded October 15, 1946 as Document Number 13916670.